Договоры на регистрацию имён

Domain Name Registration Agreement

Regtime Ltd, a Limited Liability Partnership corporation with its principal place of business in Samara, Russia herein after referred to as the Registrar, represented herein by its CEO, Sergey Sharikov, acting under the Charter, of the one part, and the Administrator of a domain name of the other part, referred to herein collectively as the Parties, enter into this Agreement as follows

1. Definitions

Domain - an area of the hierarchical name space of the Internet which is designated by a unique domain name, served by a set of DNS servers, and administered by its administrator.

Registry - the central database of a top-level domain (NET, COM, ORG, BIZ, INFO etc.), which contains information about registered domain names and corresponding DNS servers, as well as other information required for the registration and delegation of domains.

Registry Operator - the legal entity responsible for the operation of a Registry and providing access to the Registry for Registrars so that they can provide domain name registration services. A list of the Operators is published at http://www.icann.org/registries/listing.html.

Registrar - the legal entity Regtime Ltd, accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN), which provides domain name registration services and is responsible for the delivery of required information to the Registry.

Another Registrar - any other legal entity accredited by ICANN to provide domain name registration services and deliver required information to the Registry.

Registration of a domain name - entry of information about the domain name into the Registry by the Registrar. The period of registration, i.e. the period during which the domain name information is stored in the Registry, is set by the Administrator of a domain name within the minimum and maximum limits determined by the relevant Registry. The registration of a domain name can be renewed at the request of the Administrator of the domain name.

Administrator of a domain name - the person whose name the domain name is registered in. The Administrator is specified in the Registrant field in the domain name information. The Administrator defines the rules for using the domain name, is responsible for registration payments and renewals as well as for the selection of the domain name, and is liable for any violation of third parties' rights associated with the selection and use of the domain name.

Registered Name Holder means the holder of a Registered Name.

Cancellation of registration (release of a domain name) - removal of information about the domain name from the Registry.

Delegation of a domain - entry and storage of information about the domain name and the corresponding DNS servers on the root servers of the relevant top-level domain. The delegation of a domain is only possible during the period of the domain name registration.

Change of Registrar - modification of the information about the Registrar of a domain name in the Registry by the Registry Operator.

ICANN - the corporation that holds authority for the allocation of domain names and numbers, exercises general control over the system of domain names and the space of IP addresses, including the development of rules, and ensures the efficient operation of root servers.

2. General Terms and Conditions

2.1. The Registrar is accredited by ICANN to register second-level domain names in the NET, COM, ORG, BIZ and INFO domains, and performs registration of domain names.

2.2. A domain name is considered registered after the information about the domain name has been entered into the Registry.

2.3. The Administrator of a domain name agrees not to hold the Registrar responsible for the Registry's actions that result in refusal to register a domain name.

2.4. Ordering the registration of a domain name in the NET, COM, ORG, BIZ or INFO domain, or transfer of domain name sponsorship from another Registrar (change of Registrar), directly from the Registrar or through the Registrar's Partner authorized by the Administrator, confirms that the Administrator has read and agrees with the provisions of this Agreement, 2013 Registrar Accreditation Agreement and the Uniform Domain Name Dispute Resolution Policy, as well as the procedure for modification of these documents. 2013 Registrar Accreditation Agreement is published at https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en. The Uniform Domain Name Dispute Resolution Policy is published in English at http://www.icann.org/dndr/udrp/policy.htm

2.5. The Registrar shall notify the Administrator of any changes to the Agreement or the Uniform Domain Name Dispute Resolution Policy via the standard communication channels no later than 14 days prior to the changes taking effect, and will simultaneously publish the changes on the Registrar's web site at http://www.webnames.ru.

2.6. If the Administrator does not agree with a new version of this Agreement or the Uniform Domain Name Dispute Resolution Policy, the Administrator must send the Registrar a request to cancel domain name registration or transfer domain name sponsorship to another Registrar. Otherwise the Administrator's agreement will be deemed obtained.

2.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8 of 2013 Registrar Accreditation Agreement

2.7.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.

2.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

2.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating:

  • 2.7.4.1 The purposes for which any Personal Data collected from the applicant are intended;
  • 2.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
  • 2.7.4.3 Which data are obligatory and which data, if any, are voluntary;
  • 2.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

2.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 2.7.4.

2.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 2.7.4 of Registration Agreement to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 2.7.5 of Registration Agreement of any such third-party individuals.

2.7.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 2.7.4 of Registration Agreement.

2.7.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

2.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

2.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

2.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

2.7.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.

3. Terms and Conditions for Domain Name Registration

3.1. Terms and conditions for domain name registration

A domain name cannot be registered in any of the following cases:

  • 3.1.1. The domain name has already been registered.
  • 3.1.2. The domain name has been reserved by the Registry.
  • 3.1.3. The domain name does not meet the following requirements:
    • - a second-level domain name in the NET, COM or ORG domain may contain from 2 to 63 characters, in the BIZ or INFO - from 3 to 63 characters;
    • - a domain name in the NET, COM, ORG, BIZ, INFO domain must begin and end with a letter of the Roman alphabet or a digit. The intermediate characters may be letters, digits, or hyphens.

3.2. The registration period of a domain name must be a multiple of one (1) year and may not exceed ten (10) years.

4. Domain Name Renewal

4.1. Renewing a domain name ensures the extension of its registration period for any period that is a multiple of one (1) year; the total period of registration may not exceed ten (10) years.

4.2. If the renewal of a domain name is not paid by the Administrator or the Registrar's Partner authorized by the Administrator before the expiry of the registration period specified in the Registrar's database, the Registrar will suspend the domain's delegation. If the registration is renewed before the information about the domain name is deleted from the Registrar's database, the Registrar will resume the domain's delegation.

4.3. If a domain name is not renewed by the Administrator or the Registrar's Partner authorized by the Administrator within thirty (30) calendar days from the date its registration expires, the Registrar will initiate the cancellation of the domain name in the Registry and delete the domain name from the Registrar's database.

4.4. A domain name, for which the Registrar has initiated the cancellation process in the Registry, can be redeemed with concurrent one (1) year renewal upon the request of the Administrator or the Registrar's Partner authorized by the Administrator providing that the Registrar receives such a request within twenty five (25) calendar days after the cancellation process for the domain name was initiated.

5. Payment for Services of Domain Name Registration/Renewal, Change of Registrar, and Change of Administrator

5.1. The Administrator shall timely pay for the services of domain name registration and renewal, as well as the services of change of Registrar and change of Administrator. The procedure for payment for services is determined by the Registrar and published on the Registrar's web site.

5.2. The costs of services and the payment procedure are subject to change at the Registrar's discretion.

6. Domain Name Administration

6.1. The Administrator of a domain name is the legal entity or individual specified in the Registrant field in the domain's whois information. The right to use the domain name belongs to the Administrator. The Registrant field is filled based on information provided by the Administrator or the Registrar's Partner authorized by the Administrator at the registration of the domain name. The Administrator is solely responsible for the accurate and timely provision of registration information, which includes mandatory and optional information.

6.2. Transfer of the Administrator's rights (change of Administrator) is done by rules established by the Registrar. The rules are published on the Registrar's web site at www.webnames.ru.

7. Registration Information

7.1. Mandatory information. For the registration of a domain name in the NET, COM, ORG, BIZ or INFO domain, the Administrator must provide the following information in English:

  • - name of the legal entity according to its registration documents - if the Administrator is a legal entity;
  • - first, middle and last names according to an ID - if the Administrator is an individual;
  • - postal address, telephone number, fax number and e-mail address of the Administrator;
  • - domain name;
  • - name of the legal entity according to its registration documents and/or first, middle and last names according to an ID, postal address, telephone number, fax number and e-mail address of the administrative, technical and billing contacts for the domain name;
  • - IP addresses and names of the DNS servers;
  • - other information requested by the Registrar at the request of the relevant Registry, including information about the purpose of the domain name's registration.

7.2. Optional information. In addition to the mandatory information specified in par. 7.1, the Registrar may store the following information about a domain name's registration:

  • - date of the initial registration of the domain name;
  • - date and time when the Registrar receives the domain name registration order and sends the appropriate request to the Registry;
  • - electronic archive containing data on orders for new services, modification of information and cancellation of orders, as well as the relevant correspondence between the Registrar and the Administrator and/or Partner authorized by the Administrator;
  • - information on payments for the domain name made by the Administrator or Partner authorized by the Administrator;
  • - date when the registration of the domain name expires;
  • - any other information required for the domain name's registration.

7.3. All information provided by the Administrator to the Registrar must be factual. The Administrator must maintain the information up to date and, if necessary, update it independently or through the Registrar's Partner authorized by the Administrator. If the Administrator provides false information or fails to timely update the provided registration information, the registration of the domain name may be cancelled.

7.4. At any time during the registration period of a domain name, the Registrar may request from the Administrator additional information and/or substantiation of previously provided information. Requests are sent via the standard communication channels to the Administrator and/or the Registrar's Partner authorized by the Administrator.

7.5 The Administrator agrees that, in the event the additional information is not provided and/or the previously provided information is not substantiated within fifteen (15) calendar days from the day the Registrar sends the appropriate request via the standard communication channels to the Administrator and/or the Registrar's Partner authorized by the Administrator, the registration of the domain name may be cancelled.

7.6. The Administrator agrees that the Registrar may disclose registration information provided by the Administrator in accordance with paragraphs 7.1 and 7.2 to third parties at the request of ICANN, the Registry or a court, or in other cases provided for by law of Russian Federation.

7.7. The Administrator agrees that any information the Administrator provides by filling in forms and other documents, including those in an electronic form, in sections of these documents marked as "open", will be placed by Registrar on search engines (in particular whois) and will be open to the public. A list of the information that will be made public and information that may be made public with the Administrator's consent can be found on Registrar's web site at www.webnames.ru.

7.8. The Administrator agrees that ICANN may change existing or introduce new rules, restrictions or requirements in regard to the form and volume of the Administrator's registration information that the Registrar may or must disclose to third parties.

7.9. The Registrar will provide the Administrator with access to the Administrator's registration information in the Registrar's database for viewing and modifying fields available for modification via the Registrar's web site at www.webnames.ru.

8. Change of Registrar

8.1. Change of Registrar (transfer of a domain to or from another Registrar) can only be initiated by the Administrator. The Registrar may at any time ask the Administrator for a written confirmation of any received request for change of Registrar.

8.2. Change of Administrator performed simultaneously with transfer of domain name sponsorship to the Registrar is done based on the Administrator's formal letter. The letter form is provided on the Registrar's web site at www.webnames.ru.

8.3. The Registrar may refuse a request for change of Registrar in the following cases:

  • - a domain name is in the first 60 days of an initial registration period;
  • - a domain name is within 60 days after being transferred;
  • - the Administrator has refused to confirm its agreement to the change of Registrar or failed to respond within the period set by the Registrar five (5) calendar days for transfers from another Registrar;
  • - the transfer does not comply with the Uniform Domain Name Dispute Resolution Policy;
  • - there is doubt about the Administrator's identity;
  • - due to a court's decision;
  • - due to an objection from the sponsoring Registrar of the domain name.

8.4. As a result of successful domain name transfer, the Registrar's record in the Registry will be modified and the registration period will be extended by 1 year; the total period of registration may not exceed ten (10) years.

9. Dispute Resolution Rules

9.1. By placing an order for the registration of a .NET, .COM, .ORG, .BIZ or .INFO domain name directly or through the Registrar's Partner, the Administrator agrees that disputes between the Administrator and any third parties in connection with the registration and use of the domain name will be dealt with by rules approved by ICANN and adopted by other Registrars accredited by ICANN to register domain names in the NET, COM, ORG, BIZ and INFO domains. These rules are called the Dispute Resolution Rules and constitute a pre-trial procedure mandatory for the Administrator and the Registrar.

9.2. The Dispute Resolution Rules are published in English and Russian on the Registrar's web site at www.webnames.ru.

9.3. If ICANN makes changes to the Uniform Domain Name Dispute Resolution Policy, the changes will be binding on the Administrator and the Registrar from the moment they are published by the Registrar at www.webnames.ru.

9.4. The Administrator should indemnify, defend and hold harmless Registry Operators, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Administrator's domain name registration.

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